The U.S. Court of Appeals ruled that De'lonta is entitled to a hearing to determine whether the Virginia Department of Corrections violated her constitutional rights by not allowing her to be evaluated for the operation.

The Appeals Court ruling does not decide the merits of De'lonta's 8th Amendment violation claim, and it doesn't suggest that sex change surgery is the remedy.

De'lonta could become the first in the nation to have state-funded sex change surgery to treat gender identity disorder.